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HomeMy WebLinkAbout01-02-08 '" ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ~li!.~"'~ ~4~~.~ .,'" wi ',~ JAN- 02 Z008 C-- In Re: Estate of Ian Paul Dagan ORPHANS' COURT DIVISION NO. 21-07-0523 RE: Petition for Approval of Settlement of Wrongful Death Action Pursuant to Orphans Court Rule 3 and Section 3323 of the Pennsylvania Probate, Estates and Fiduciaries Code, as amended. ORDER APPROVING DISTRIBUTION OF SETTLEMENT PROCEEDS AND NOW, this ~ day of January, 2008, IT IS HEREBY ORDERED that the settlement and proposed distribution of the settlement proceeds set forth in the attached Petition is approved, and the proceeds from such settlement shall be paid as follows: 1. The sum of $214,277.97 shall be paid to Paul P. Dagan and Vema J. Dagan, as Administrators of the ESTATE OF IAN P. DAGAN, Deceased, in the survival action claim brought as a result of the death ofIan Paul Dagan. 2. The sum of $321,416.96 shall be paid to Paul P. Dagan and Vema J. Dagan, in their individual capacities in the wrongful death claim brought by them for damages incurred by them, as individuals, as a result of the wrongful death of Ian Paul Dagan. () f"-.-' I ;) 3. ."""j Nationwide Insurance Company shall retain $100,000.00 aridCErie - . '---; :'".": '__J Insurance shall retain $387,232.97 of the settlement funds until the lien issue wifldhe r~ -, J . '; __ CCr. """"J Department of the Navy is settled, arbitrated or resolved by a separate court proceeding. -/ (--') (Jl C') ':-) \.0 i-I ~ 1.. ., 4. The sum of $270,895.25 shall be paid to Salzmann Hughes, P.C. as attorney fees. 5. The sum of $6,176.85 to Salzmann Hughes, P.C. as reimbursement for expenses. 6. Should any of the remammg settlement funds in the amount of $487,232.97 be paid to the Estate of Ian Paul Dagan and/or Paul P. Dagan and Vema J. Dagan, these funds shall be allocated on the same percentage basis as used in Paragraphs 1 and 2. The attorney fees shall also be based on the same percentage as used in Paragraph 3. Salzmann Hughes, P.C. shall also be entitled to reimbursement for any additional expenses incurred in this matter. The Petitioners shall not be required to file a new Petition for Approval of the Settlement Funds before dispersing the proceeds. J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA In Re: Estate of Ian Paul Dagan ORPHANS' COURT DIVISION NO. 21-07-0523 Q '~g '- '--c; ,- Z I ,_, N PETITION FOR APPROVAL OF SETTLEMENT AND DIST~~O~ OF SETTLEMENT PROCEEDS PURSUANT TO 20 Pa.C.S.A. ~3323faJ~AND :J!.: ORPHAN'S COURT RULE 3 )2 --'" 7: N \.D AND NOW, this day of January 2008, comes Petitioners, Paul P. Dagan and Vema J. Dagan, Administrators of the Estate of Ian Paul Dagan, by and through their attorneys, Salzmann Hughes, P .C., and hereby respectfully petitions this Honorable Court to approve the settlement and distribution set forth herein and, in support thereof, avers as follows: 1. Petitioners are Paul P. Dagan and Vema J. Dagan, who were appointed Administrators of the Estate of Ian Paul Dagan, deceased, by the Register of Wills of Cumberland County, Pennsylvania on May 30, 2007. A copy of the Short Certificate attached hereto and incorporated herein as Exhibit "A." 2. Petitioners are the parents of Ian Paul Dagan. 3. Ian Paul Dagan, then 16 years of age, died on February 14, 2007 as a result of injuries and bums he sustained from a motor vehicle accident. 4. The above motor vehicle accident occurred on January 11, 2007, while the decedent was a passenger in a vehicle being driven operated by Steven Snyder. The police report of the accident is attached hereto and incorporated herein as Exhibit "8." r-.~ C::.:> C':.;J c.:> c_ :~ {--; ,-~<~, l~' -) 0; 5. At the time of his death, Ian Paul Dagan was not survived by a spouse or children, and therefore the Petitioners are the sole beneficiaries entitled to bring an action for wrongful death under the Wrongful Death Act, 42 Pa.C.S.A. ~8301(b). 6. Ian Paul Dagan died intestate, and under the laws of intestate succession, the Petitioners are also the sole lawful heirs of the Estate of Ian Paul Dagan under 20 Pa.C.S.A. ~2103(2). 7. As a result of the accident in question and the death of Ian Paul Dagan, Petitioners made a claim against the operator of the vehicle involved in the accident, Steven Snyder, who at the time of the accident, was insured under a liability policy issued by Nationwide Mutual Insurance Company (hereinafter "Nationwide"). 8. Nationwide's insurance policy has liability limits of $100,000.00, which Nationwide has tendered in full. See letter of October 8, 2007 from Nationwide attached hereto and incorporated herein as Exhibit "C." 9. Petitioners also made a claim for underinsured motorist benefits under a policy issued by Erie Insurance (hereinafter "Erie") with underinsured motorist limits of $1,200,000.00, which Erie has tendered in full. See letter of September 19, 2007 from Erie attached hereto and incorporated herein as Exhibit "D." 10. Both Erie and Nationwide have required Court approval for the distribution of the settlement proceeds. No Court action or other proceeding has been instituted, since these claims were amicably resolved without the necessity of such action. 11. Petitioners, as parents of Ian Paul Dagan, are entitled to recover wrongful death damages individually due to the death of their son, which damages include the pecuniary value of the services, society, and comfort that they would have received from the decedent over their lifetime. Slaseman v. Myers, 309 Pa. Super. 537,455 A.2d 1213 (1983). 12. Petitioners are agreeable to allocating the sum of 40% to the survival action to be paid to the Estate of Ian Paul Dagan. Petitioners further request that 60% be paid to Paul P. Dagan and Verna Dagan, jointly, as proceeds of their claim for damages under the Pennsylvania Wrongful Death statute. 13. The Pennsylvania Department of Revenue has agreed and approved an allocation of 40% to the survival action and 60% to the wrongful death action. See letter dated December 13,2007, attached hereto and incorporated herein as Exhibit "E." 14. Counsel respectfully requests approval of attorneys' fees in the amount of 33% of the recovery of Petitioners, excluding any amount paid as part of the below lien. Said amount is consistent with Petitioners' counsel's fee agreement and represents a reasonable fee for the services performed. 15. Counsel also respectfully requests approval of out-of-pocket expenses to Salzmann Hughes, P.C. in the amount of$6,176.85. 16. The United States Department of the Navy has asserted a medical lien in the amount of $387,232.97 against the settlement. Petitioners have disputed the validity of this lien. 17. Erie has agreed to release the amount of $812,767.03 to the Petitioners prior to the resolution of the lien issue with the Department of the Navy. See copy of letter from Erie dated November 21, 2007 attached hereto and incorporated herein by reference as Exhibit "F." 18. Until the issue of the Department of the Navy's lien is resolved at a later date either through, settlement, arbitration or court proceedings, Erie has agreed to retain the amount of $387,232.97 and Nationwide shall retain the amount of $100,000.00. See Exhibit "F." 19. There are no other creditors of the Estate who have an interest in this matter. 20. Petitioners have been fully informed and have consented to an Authorization of Settlement including Distribution of Settlement Proceeds attached hereto and incorporated herein as Exhibit "G." WHEREFORE, Petitioners request that they be permitted to enter into the settlement recited above, and that the Court enter an Order of Distribution as follows: 1. The sum of $214,277.97 shall be paid to Paul P. Dagan and Vema J. Dagan, as Administrators of the ESTATE OF IAN Paul DAGAN, Deceased, in the survival action claim brought as a result of the death of Ian Paul Dagan 2. The sum of $321,416.96 shall be paid to Paul P. Dagan and Vema J. Dagan, in their individual capacities in the wrongful death claim brought by them for damages incurred by them, as individuals, as a result of the wrongful death of Ian Paul Dagan. 3. Nationwide Insurance Company shall retain $100,000.00 and Erie Insurance shall retain $387,232.97 of the settlement funds until the lien issue with the Department of the Navy is settled, arbitrated or resolved by a separate court proceeding. ~ 6. The sum of $270,895.25 shall be paid to Salzmann Hughes, P .C. as attorney fees and the sum of $6,176.85 to Salzmann Hughes, P.C. as reimbursement for expenses. 7. Should any of the remaining settlement funds in the amount of $487,232.97 be paid to the Estate of Ian Paul Dagan and/or Paul P. Dagan and Vema J. Dagan, these funds shall be allocated on the same percentage basis as set forth in the Petition. Salzmann Hughes, P.C. shall also be entitled to reimbursement for any additional expenses incurred and attorney fees at the same percentage as set forth in the Petition. SALZMANN HUGHES, P.C. Date: I {'Z. ( 06 es . Hughes, Esquire Atto ey LD. No. 58884 G ryan Salzmann, Esquire ttorney LD. No. 61935 E. Ralph Godfrey, Esquire Attorney LD. No. 77052 354 Alexander Spring Road, Suite 1 Carlisle, P A 17013 (717) 249-6333 Attorneys for Petitioners VERIFICATION The undersigned hereby certify that they are the Petitioners, and that the facts set forth in the foregoing Petition are true and correct to the best of their knowledge, information and belief; and further state that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to unsworn falsification to authorities. t.~~antPr ~g~Q~ EXHIBIT A STATE OF PENNSYLVANIA ( OUNTY OF CUMBERLAND SHORT CERTIFICATE I, GLENDA FARNER STRASBAUGH estate of IAN PAUL DAGAN Register for the Probate of Wills and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on the 30th day of May, Two Thousand and Seven, Letters of ADMINISTRATION in common form were granted by the Register of said County, on the , late of MIDDLESEX TOWNSHIP (Fitst, Middle, Last) in said county, deceased, to PAUL P DAGAN (Fitst, Middle, Lastl and VERNA J DA GAN (First, Middle, Lastl ~nd that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 30th day of May Two Thousand and Seven. File No. PA File No. Date of Death S.S. # 2007-00523 21- 07- 0523 2/14/2007 591-96-3858 1~~ l, ' NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL EXHIBIT B I ' I I' I \ -.J COMMONWEALTH OF PENNSYlVANIA !>>OLlCE CRASH RIEPORTING FORM Case Closed Reportable Crash . Y~5 0 No . Yes 0 No Page .CCJ 1111111111111111111111111 Crash Number I AA500 1 W0049608 ( '- Incident Number Police Agency Patrol Zone - - ~ 120070112M0255 II 21206 I 12 l lij Agency Name Precinct Investigation Date (MM-DD-YYYY) Q e- I Middlesex Township I I MIDDLESEX I ~D~DI2007 I l:: C!J 1>1 Dispatch Time (mil) Arrival Time (mil) Investigator Badge Number <( 12045 II 2046 I ISGT. STEVEN KINGS BOROUGH I 13 I ] '0 Reviewer Badge Number Approval Date (MM-DD-YYYY) @. I K~R~N J ~IEHL 1i:;.1 I 2555 I ~{~~~~gI2007 I -' "'-'-0" U, "._n... . . ..-..- -... - County County Name Municipality Municipality Name Dav of Week fiI EJ ICumberland I 1206 IIMiddlesex Township I o Sun . Thu ". fiI o Mon 0 Fri Q Crash Date (MM-DD-YYYV) Crash Time (mil) No of Units D Injured Killed" "If> 00 .G: ~D~DI2007 112044 103 D D complete o Tue o Sat III or Form F OWed 0 Unk .. y Workzone (If Yes, ComP1ete 0 Yes . No 1 School Bus 0 Yes . No I School Zone 0 Yes . No Notify PENN DOT Form M, Section 29) Related Related M...."~~ 3~ Intersection Tl(Jle o 4W 'I '0 "Y.I '0 MJlti-le~ o Off Ramp o Railroad Crossing ~ @CJ ay . ntersect,on ntersectlon Intersection I.2mkm 00 . Midblock o "T" Intersect'on 0 Traffic Circle! 0 On Ramp o Crossover o Other I Round About " $<3<3 Ovewlil - ....... --.. =--~ Route Number Segment (Optional) Travel lanes Speed Limit o North House Number (if applicable) 'l:I 11'575 I I I @O EJ c I I III 0 o South 0 +' Ill: Street Name Street Ending ~ o East For Mid-block crashes only, Use 4 iii I SHERWOOD I ~ II . West postal House Number and make sure A. .. U 0 o Unknown I Principal Roadway Street Name is c: filled in if using this option i:: B.wlte I!. o Interstate o Turnpike o Turnpike o State o County . local Road o Private o Otherl Signing (Not Turnpike) (EastIW~st) '_ Spur Hiqhway Road or Street Road Unknown -- -...-.-- ~ Route Number Segment (Optional) Travel Lanes Speed Umlt o North 'l:I ~ I I I I DD l: Ii 3 o South ~ 0 0 'J:; Ill: " :l o East r of Street Name Street Ending l: 5 ~ ~ I I D .!!! o West- i (5 o Unknown :! .s i .. Bmtte o Interstate o Turnpike o Turnpike o State o County o local Road o Private Otherl of Signing. 0 .. (Not Turnpike) (EastlWest) Spur Highway Road or Street ' Road Unknown :S --, .- .. .- -- - Intersecting Rt Num Or Mile Post Or Segment Marker I ;DN~ Feet i! .. i! 1 II 1.01 10 I ~ .. to -c 9: 0 South " E Or Intersecting Street Name r Endin, ::l 0 East .., l! Please -a C v c 1 1 ~OWest Or Miles :J 15 Enter j [LJ.O .5! Information 6 ~ III for BOTH l> Landmarks Intersecting Rt Num Or lVIile Post Or Segment Marker ... ~ if Using N I II 1.01 I ~DN"~ Distance From Crash S .. This Option ~ Scene to landmark 1 c: 02 .. Ii E 9: 0 South (For Crash between i .. Or Intersecting Street Name St Ending ::l 0 East .J :S -a Landmark 1 and Q c I ID~owest j Landmark 2) 7~ --- ,- Degrees Minutes Seconds Degrees IVlinutes Seconds __J latitude: ~ ~:~"~ longitude: - ~ ~:~"~ --.. <---- .~ Traffic Control Device o Yield Sign o Police Officer or TCD Functioning Emergency _ Not Applicable o Traffic Signal o Active RR Crossing Ragman . No Controls 0 Device Functioning 0 Preemptive o Other Type TCD Improperly o Flashing Traffic Controls Signal o Stop Sign o Passive RR o Unknown o Device Not 0 Device Functioning 0 Unknown Signal Crossing Controls Functioning Properly lAne Closed (If .Not App/icabJe":skip rest of the lAne Oowre section) I Lane Closure - -- - l! 0 North 0 East o North and South 0 All 8 o Not Applicable 0 Partially . Fully 0 Unknown ~ o South 0 West _ East and West (N,S,E,W) 8 0 IDJffk: " Yes. No 0 I ~O<30Min, I: D1:1DJJml o 30-60 Min. . 1-3 hrs 0 3-6 hrs o 6-9 hrs o > 9 hours o Unknown j Unknown 0 ---_.~_.-.--- --=;':-:-';:,~,:-;-:..-;- - -- - - --- -'''' -- -- FORM. ""-500 (12102) PENNDOT COPY http://www.dot6.state.pa.us/iconslPrintImageslXmIFiles/20070022341KARENKIEHL200...1/17/2007 AA 500 2 I Police Use Only Page: 1'[2] IIIIIIII~ 1111111111111111 Crash Number I .J ((t)WiIlMiliOllMmflE&ILVIXI (t)1F ~1E1i\'l1M$ivu..\fAND~ ~D.lCE CMSIHI IRlE\PlO~YiING lFoutM 10 ~ rYE!. . Motor Vehicle in 0 Hit & Run Vehicle 0 Illegally Parked o Legally Parked 0 Non - Motorized Commercial Vehicle Transport Unit o Pedestrian 0 Pedestrian on Skates, 0 Disabled from o Train o Phantom Vehicle o Yes . No in Wheelchair, etc Previous Crash (If Yes, Complete Form C) (If 'Pedestrian' or 'Pedestrian on Skates, in Wheelchair, etc', Comolete Form M, Section lB) Unit No First Name IViI Date of Birth (MM-DD-VYYY), ~ I STEVEN I ~ EJ ~ 11990 I Delete? Last Name Telephone Number 0 I SNYDER I I 7176972447 I l': Address I City I State Zip i 1138 LINDA DR MECHANICSBURG PA II 17050 I Driver License Number State Class 0 128897596 I~ ~--.J :5 r: Oil Alcohol/DruQs Suspected Driver or Pedestrian Physical Condition i: .. o Illegal Drugs o Medication . Apparently o Illegal Drug .. . No 0 fatigue 0 Medication -S Normal Use eI o Alcohol o Alcohol and Drugs o Unknown o Had B~gn o Sick A. 0 Asleep 0 Unknown - Drinkin ~ Alcohol Test Type Primary Vehlde Code Violation ~ o Test Not Given o Breath o Other Charged? fI . Blood o Urine o Unknown if IDRIVING VEHICLE AT SAFE S I . Yes ONo ii :i Test Given II Alcohol Test Results o Test Refused o Unknown Driver Presence 1 =Driver Operated 3=Driver Fled Scene ::- Results -L [Q].~ o Test Given, QJ Vehicle 4=Hit and Run Contaminated Results 2=No Driver 9=Unknown Owner/Driver OO=Not Applicable 02=Private Vehicle Not 04=State Police Vehicle 07=Municipal Police Veh 09=Federal Gov Veh ~ 01 =Private Vehicle Owned! OwnedlLeased by Driver 05=PENNDOT Vehicle 08=Dther Municipal 98=Other Leased by Driver 03=Rented Vehicle 06=Other State Gov Veh Government Vehicle 99=Unknown Same as Ilowner First Name Owner Last Name or Business Name (If Pedestrian, skip this Section) Driver 0 I RAY G I I SNYDER JR I Address I City I State I Zip Vehicle Make .Make Code I BOX 138 RD 4 LINDA DR MECHANICSBURG PA 170557 II Chevrolet I~ VIN Model Year Vehicle lViodel (see overlay) IIGCEKI4H9BF304109 111981 I I 1 License Plate Reg. State Est. Speed Vehicle Towed Towed By I YTL3115 I~ 1055 I . Yes ONo I MILLER AND SAM' 1 Insurance Insurance Company . Policy No r: _Yes ONo o ~~~n I NA TIONWlDE INSURANCE I I 5837C788057 1 0 i l=Towing Pass. Veh 4=Mobile/Modular Home .. Tra!linq ~ 7=Semi-Trailer Tag No Tag Year Tag St 2 0 11 Unrt No. of @] D 2=Towing Truck 5=Camper 8=Other I II I D - Trailing Unrt II Units: 3= Towing Utility Trailer 6=Full Trailer 9=Unknown ii :i Direction of EJ .Vehicle Position ~ .Movement ~ .See eI Speciill UsaQe > Travel Overlay Vehicle Color Vehicle Type 05=Large Truck 20=Unicycle, Bicycle, ~ 12=Commercial ~ 06=Yellow ~ 01=Automobile 06=SUV Tricycle Passenger 07=Silver 02=Motorcycle 07=Van 21 =Other Pedalcycle OO=Not Applicable Carrier 08=Gold 03=Bus 10=Snowmobile 22=Horse & Buggy 01=Fire Veh 13=Taxi 02=Ambulance 21=Tractor Trailer 01=81ue 09=Brown 04=5mall Truck 11 =Farm Equip 23=Horse & Rider 03=Police 22=Twin Trailer 02=Red 10=Orange (If "OZ". Complete Form 12=Construction Equip 24= Train 08=Other Emergency 23= Triple Trailer 03=White 11 =Purple M, Section 26) 13=ATV 25= Trolley 04=Green 12=Other 18=Other Type Spec Veh 98=Other Vehicle 31=Modified Veh (If "lO" or "21., Complete 11 =Pupil Transport g9=Unknown 05=Black 99=Unknown Form M, Section l7) 19=Unk. Type Spec Veh 99=Unknown Initial Impact Point Damaqe Indicator Gradient 3=Downhill Road AIiQnment ~ OO=Non-Collision 14=Undercarriage ~ O=None 2zfunctional o 1 =Level 4=80ttom of Hill ~ 1=Straight 01-12=Clock Points 15=Towed Unit 1 =Minor 3=Disabling 2=Uphill 5=Top of Hill 2=Curved 13zTop 99=Unknown 9=lJnknown 9=Unknown 9=Unknown - ....- ..--. -- W0049608 11 ( " FORM' M-500 (12002) PENNDOT COPY http://www.dot6.state. pa. us/icons/PrintImages/XmlFiles/20070022341 KARENKIEHL200... 1/17/2007 ..J COMMONWEALTH OF UJENNSVLVANIA POLICE CRASH REPORTING FORM Page D AA 500 3 I Police Use Only A Person Type: I=Driver 2=Passenger 7=Pedestrian 8=Other 9=Unknown c o :,;; Ii E ~ l!I a. o II !!. Sw.' B F =Female M =Male U =Unknown IniuN Severity: C O=Not Injured I=Killed 2=Major Injury 3=Moderate Injury 4=Minor Injury 8=lnjury, Unk Severity 9=Unknown if Injury Seat Position: D OO=Not A Passenger/Occupant 01 =Driver - All Vehicles 02=Front Seat Middle Position 03=Front Seat Right Side 04=Second Row. Left Side Or Motorcycle Passenger 05=Second Row. Middle Position 06=Second Row - Right Side 07=Third Row Or Greater - Left Side 08= Third Row Or Greater - Middle Position 09= Third Row Or Greater - Right Side 10=Sleeper Section of Truckcab 11 =In Other Enclosed Passenger Or Cargo Area 12=ln Open Area (Back Of Pickup, Etc.) 13= Trailing Unit 14=Riding On Vehicle Exterior 15=Bus Passenger 98=Other 99=Unknown EMS Agency: ILlFE LION HELICOPTER Safety fquioment One: E OO=None Used / Not Applicable 01 =Shoulder Belt Used 02=Lap Belt Used 03=Lap And Shoulder Belt Used 04=Child Safety Seat Used 05=Motorcycle Helmet Used 06=Bicycle Helmet Used 10=Safety Belt Used Improperly 11 =Child Safety Seat Used Improperly 12=Helmet Used Improperly 90=Restraint Used, Type Unknown 99=Unknown Safety fquioment Two: F OO=None Used / Not Applicable 01 =Front Air Bag Oeployed (For This Seat) 02=Side Air Bag Deployed (For This Seat) 03=Other Type Air Bag Deployed 04=Multiple Air Bags Deployed 05=Motorcycle Eye Protection 06=Bicyclist Wearing Elbow/Knee/Pads 10=Air Bag Not Deployed, Switch On 11 =Air Bag Not Deployed, Switch Off 12=Air Bag Not Deployed, Unk Switch Settinl1 13=Air Bag Removed (Prior To Crash) 19=Unknown If Air Bag Deployed 99=Unknown ~II~II~ I ~ 1111/11111/111 W0049608 ~: G O=Not Applicable 1 =Not Ejected 2= Totally Ejected 3=Partially Ejected 9=Unknown Crash Number I H Ejection Path.' O=Not Ejected / Not Applicable 1= Through Side Door Opening 2=Through Side Window 3= Through Windshield 4= Through Back Door 5= Through Back Door Taill1ate Opening 6= Through Roof Opening (Sunroofl C onvertible Top Down) 7= Through Roof Opening (Convertible Top Up) 9=Unknown ~ ~: I O=Not Applicable 1 =Not Extricated 2=Extricated By Mechanical Means 3=Freed By Non - Mechanical Means B=Other 9=Unknown I Medical Facility: 1 PENN STATE HERSHEY MED ICAL CENTE Unit No Person No Delete? Date of Birth (MM-DD-VYYY) ~~ 0 ~-~-11990 Name I Address / Phone OSameas ISNYDER STEVEN R 138 LINDA DR MECHANICSBURG PA 17050717 Operator " , ABC DE F GH I I[JEJEl~~~[]@]D Unit No Person No I Date of Birth (MM-DD-YVYV) EJ~ Dote? ~-~-11992 Name I Address I Phone o soame as IERIKA FELTNER 6 GOLDENROD DRIVE CARLISLE PA 17015717395 perator I I EMS Transport . Yes 0 No ABC DE F GH I 1[D[uEl~@Q~@]@]@] Unit No Person No Date of Birth (MM-DD-VYYY) ~ ~ Delete? ~ r;-;---J I ~~ 0 ~-~-1990 Name / Address I Phone o Same as IIAN P. DAGAN II BEAGLE CLUB ROAD CARLISLE PA 17013 71724 Operator I , I EMS Transport .Ves DNa ABC DE F GH I I[]~[]~~~~~@] - Unit No Person No "1 Date of Birth (MM-DD-YYYY) 00 D~~~r 0-0-1 Name / Address I Phone o Same as I Operator I EMS Transport . Ves 0 No ABC D E F G-H ~ IDDDOOODDD Unit No Person No Date of Birth (MM-DD-VYYY) o 0 D~te? 0-0-1 Name / Address / Phone o Same as I Operator Unit No Person No DO I EMS Transport DVes DNo ABC 0 E F '-G--- H I IDDDOOODDD I ? Date of Birth (MM-DD-YYYY) Dote 0-0-1 Name / Address / Phone o Same as I Operator FORM' AA-SOO (12102) I EMS Transport DVes DNo ABC DE F GH I IDDDOOODDD I EMS Transport DVes DNa PENNDOT COpy http://www.dot6.state. pa. us/iconslPrintImages/XmlFiles/20070022341 KARENKIEHL200... 1/17/2007 -.J COi\lliliiON\J\tIEAlTH OF PIENNSVl\lANIA POLICE CRASH REPORTING FORiIii AA 500 4 I Polic. Use Only r?l ll=Non-Comsion L:...J 1 =Rear End c .. ~~ - - ~ ! Relation to Roadway f2I 1=On Travel Lanes 3=Madian .2 ~ U 2=Shoulder 4=Roadside 15 .E :~~' . . [] 1=Daylight -t;; -~ /" ummat/on 2 2=Dark . No 5 ;: _ Streel Ughts .. · r1l 1 =No Adverse Ii r...." CMdi"~ u 2'~'~~_ =:.'.... \:I :s I Road Surface Conditions fOl O=Dry 2=~f1nd, Mud, Dirt, U 1 =Wet 3=Snow Covered = = . Harm Eveiii "UR Most? UtilltYPole Number - -. 1 f23I fLl . 147277 Unit No ~ L:J . EJ20001 0001 40001 Crash DescriPtion 2=Head On 3=Rear to Rear (Backlng) - 3=Dark . Streei Lights 4=Dusk c o ., 16 ~ .2 .E Please Put 3 Events in Sequential Order Please P!lt 3 r-1 D Events m L--.J Sequential Order 4 0 0 First T1i1mfu/ Event m the Crash Unit No Harm Event ~[~] Unit No Harm Event ~~ Most 1li1mful Event m the Crash Do nol repeal this inlormalion on multiple ~ c o .'" to E ~ D\ c: ;l '" .a '1: 1: o u Environmental I Roadway Potential Fadors (EIR) 1 OO=None 01 =Windy Conditions 02=Sudden Weather Conditions 03=Other Weather Conditions 04=Deer In Roadway OS=Obstacle On Roadway 06=Other Animal In Roadway 07=Glare 08=Work Zone Related ~ 20 30 11 =Slippery Road Conditions (kelSnow) 12=Substance On Roadway 13=Potholes 14=8roken Or Cracked Pavement 15= TeD Obstructed 16=50ft Shoulder Or Shoulder Drop Off 28=Other Roadway Factor 29=Other Environmental Factor 99=Unknown Possible Vehicle Failures (V) DO=None 06=Exhaust 01=Tires 07=Headlights 02=8rake Syslem 08=Signal Lights 03=Steering System 09=Other Lights 04=Suspension Ill=Hom OS=Power Train 11 =Mirrors ~~itEJ1~20 ~~~D1020 12=Wipers 13=Driver Seating/Control 14=Body, Doors, Hood, Etc 15= Trailer Hitch 16=Wheels 17=Airbags 18= Trailer Overloaded 19=Unsecure/Shifted Trailer Load 20=lmproper Towing 21=Obstructed Windshield 99=Unknown ( Indicated Prime Fador 00 not rep"1 1his informalion on mul,iple__ fiR V 0 P 00.0 If fIR is the Prime Fador Type, leave Unit No blank Un~ No Factor Code ~~ FORM' AA.500 (12102) PENNDOT COpy Page ~ III "'I'~ /111111111111111 Crash Number I W0049608 4=Angle 5=Sldeswlt!e (Same Direction) 6=Sldeswipe (Opposite Direction) 7=Hit Fixed Object l\;HIl Pedestrian 9=Other/Unknown J 5=Outside Trafficway 7=Gore (Ramp Intersection) J _ 6=ln Parking Lane __ 9=Unknown ~:~i~;w~~~~~~ ... B~6::~,.~.~--"-n '__'~:__u_ __ ___ ._~ 1 5=Fog 7=Sleet & Fog 9=Unknown J 6=Rain & Fog 8=Other 4=Slush 6=lce Patches" -u 8:~t~~r - -'--=""] 5=lce._ _ 7=~~Jv;n~tanding, _____ --'7-'--'-=_~ Harmful Events (Harm Event) 30=Hit Fence Or Wall OI=Hit Unit 1 31=Hit Building 02=Hit Unit 2 32=Hit Culvert 03=Hit Unil 3 33=Hit Bridge Pier Or Abutment 04=Hit Unit 4 34=Hit Parapet End 05=Hit Unit 5 35=Hit Bridge Rail 06=Hit Other Traffic Unit 36=Hit Boulder Or Obstacle 07=Hit Deer On Roadway 08=Hit Other Animal 37=Hit Impact Attenuator 09=Collision With Other Non 38=Hit Fire Hydrant Fixed Object 39=Hit Roadway Equipment 11 =Struck By Unit 1 4ll=Hit Mail Box 12=Struck By Unit 2 41=Hit Traffic Island 13=Struck By Unit 3 42=Hit Snow Bank 14=Struck By Unit 4 43=Hit Temporary Construction 15=Struck By Unit 5 Barrier 16=Struck By Other Traffic Unit 48=Hit Other Fixed Object 21=Hit Tree Or Shrubbery 49=Hit Unknown Fixed Object 22=Hit Embankment 50=OverturnIRolI Over 23=Hit Utility Pole 51 =Struck By Thrown Or Falling 24=Hit Traffic Sign Object 25=Hit Guard Rail 52=Pot Holes Or Other 26=Hit Guard Rail End Pavement Irregularities 27=Hit Curb 53=Jacknife 28=Hit Concrete Or 54=Fire In Vehicle Longitudinal Barrier 58=01her Non-Collision 29=Hit Ditch 99=Unknown Harmful Event Driver ActiOn (0'--- .-.-. -- OO=No Contributing Action 01 =Driver Was Distracted 02=Driving Using Hand Held Phone 03=Driving Using Hands Free Phone 04=Making Illegal U-Turn 05=lmproperlCareless Turning 06= Turning From Wrong lane 07 =Proceeaing WIO Clearance After Stop 08=Running Stop Sign 09=Running Red Light 10=Failure To Respond To Other Traffic Control Device 11=Tailgating 12=Sucfden SlowilllliStopping 13=lIIegally Stoppea On Road 14=Careless Passing Or lane Change 15=Passing In No PaSSing Zone 16=Driving The Wrong Way On I-Way Street ~~It~ 1~203040 0203040 17 =Careless Or Illegal 8acking On Roadway 18=Driving On The Wrong Side Of Road 19=Making Improper Entrance To Highway 20=Making Improper EXll From Highway 21=Careless ParkinglUnparking -1 22=Over/Under Compensation At Curve 23=Speeding 24=Driving Too Fast For Conditions 25=Fallure To Maintain Proper Speed 26=Driver Fleeing Police (Pol Chase) 27 =Driver Inexperienced 28=Failure To Use Specialized Equip 92=Affected 8y Physical Condition 98=Dther Improper Driving Actions 99=Unknown Unit 0 1 No Pedestrian Action (P') OO=None 01=Entering Or Crossing At Specified Location 02sWalkirn;l. Running, Jogging, Or PlaYln9 Unit NO~ 03=Working 04=Pushing Vehicle 05=Approaching Or Leavin9 Vehicle 06=Worlcing On Vehicle 07=Standing 98=Other 99=Unknown @C] Unit NoD 0 http://www.dot6.state.pa.uslicons/PrintImages/XmIFiles/20070022341 KARENKIEHL200... 1/17/2007 --1 COMMONWEALTH OF PENNSYLVANIA POLICE CRASH REPORTING FORM AA 500 5 I Police Use Only Page ~ ~I mllllllllllllmllU Crash Number I ( W0049608 20 I) E I! III " Q Witness Name Address Phone 1 1 2 Narrative and additional witnesses: Accident Investigation Notification Issued7 . Property Damage. This accident occured when unit #1 was traveling west on Sherwood Drive and entered a dip in the roadway with a right uphill bend on the exit. The driver of unit #1 failed to negotiate the right bend in the roadway and slid across the oncoming lane of traffic a measured 75 feet before imp acting with PP&L utility pole #47277/S34321 with the left front portion of the unit. Upon impact, the utility pole snapped off at ground level and the unit was forced into a counter-clockwise slide. The unit slid a measured 59 feet sideways II before starting to roll over onto the pasengers side where it slid another 22 > -;; feet before rolling over completely one time and continuing to roll until l! .. coming to rest back on it's roof 122 feet from the initial impact point,in a /I z field to the northwest of southwest of the impact point. Upon coming to rest, "0 c all occupants extricated themselves from the unit. " The driver of unit #1 was intervie wed on 1-16-07 and reported that he was WI 2 ; traveling west on Sherwood Drive and was unfamiliar with the roadway. As he S i entered the bend/dip in the roadway and started uphill, his unit struck a "bump" on the roadway which "jolted" the st eering wheel. He could not see the road and then observed the utility pole in front of him. He applied the brakes and struck the pole with the drivers front portion of the unit. The unit then rolled before coming to rest on it's roof and everyone climbing out on their own power. He reported that passenger DAGAN Was complaining to pain in one of his legs after exiting the overturned unit. The driver went on to report that he could not see his speedometer real well because the dash lights were out, but that the last he did look down, which was just prior to impact, the speedometer was showing in the area of 45 mph. Passenger FELTNER was interviewed on 1-16-07 and reported that they were fORM. ""-500 (12J02) PENN DOT COpy c http://www.dot6.state.pa.us/icons/PrintImages/XmIFiles/20070022341KARENKIEHL200...1/17/2007 ( I. \ .J 1I111111~ I ~ 1IIIIIIUIIlI W0049608 Crash Number J http://www.dot6.state. pa. us/icons/PrintImages/XmlFiles/20070022341 KARENKIEHL200... 1/17/2007 CC:lOlIiWWiJ(lJl~~o..1T1HIlOlfF tn~Ii\!I$'lfP..V6\IM06\ IP'lOlIl.BClE ICIllASIHI lRllElP'lOllRl1l1l1i\!l<<ii fORM o New Page I rn 0 Changel Continuation M 500 N I Police Use Only Narrative and additional witnesses: 22 travling west on Sherwood Drive around a curve when she didn't see the road in front of them anymore, but saw the pole. She closed her eyes and put her head between her legs and felt the impact and then fell forward. The unit rolled and when it stopped she noticed she was hanging upside down in the lapbelt and attempted to get out, but could not until she got her right leg free from under the dashboard. She then crawled out the broken drivers side window. No state ment was available from passenger DAGAN because of injuries he sustained after the accident was over. lD ;I> ~ 1Il 2 "Ii II: II 1II ! .. i ~ :l! ii ~ FORM' AIWOON (.-, PENNDOT COpy ( Crash Number: W0049608 Incident Number: 20070112M0255 '-~'~~:r. :I::!..,.,...-....,.. .,,,,"' ~ '~),:;Z::~ ,,~. .<i\; ( T575.ShelWood Drive ~i ~~ PP&L Pole ~321 8 _'I !\Or TO SCALE1 ~~_,~.d http://www.dot6.state. pa. us/iconsIPrintlmages/XmlFiles/20070022341 KARENKIEHL200... 1/17/2007 EXHIBIT C D Nationwide@ On Your Side'" One Adams Place · 300 Seven Fields Blvd. suite 300 · Seven Fields, PA 16046 October 8,2007 Salzmann Hughes PC. Ralph Godfrey, Attorney 354 Alexander Spring Rd Suite 1 Carlisle, PA 17015 OUR INSURED: Ray G & Kathi J Snyder OUR CLAIM NUMBER : 5837 C 7880570111200701 YOUR CLIENT: Ian Dagan DATE OF LOSS: 01-11-2007 Dear Mr. Godfrey: We are prepared to offer the policy limits of $100,000 to settle this claim. However, we have been put on notice of a lien by the Dept. of the Navy. We are prepared to put their name on the check until you have the lien matter worked out. We would require Court approval and that a release be signed by the Estate. Please advise if you are in a position to accept the settlement, at this time. Nationwide Mutual Insurance Company Rita Kania, SCLA (PA-20-SVEN) Claims Department (724 )933-5669 cc: Department of the Navy Attn Eve Doptis, nc0704042 Any person who knowingly and with intent to defraud any insurance company or other person frles an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such a person to criminal and civil penalties. EXHIBIT D I ~~~anCEf Branch Office' 4901 Louise Drive. Rossmoyne Business Center · Mechanicsburg, PA 17055. (717) 795-8200. Toll Free 1-800-382-1304 Adjuster Mailing Address. P.O. Box 2013 · Mechanicsburg, P A 17055 . Adjuster Direct Line: (717) 697-7661 . Fax: (717) 691-4760. Date: September 19,2007 E. Ralph Godfrey, Esquire Law Offices 354 Alexander Spring Road Suite 1 Carlisle, P A 17015 RE: Erie Claim #: 010170901365 Erie Insured: Paul & Vema Dagan Date of Loss: 01111/2007 Your Client: Estate of Ian Dagan Dear Mr. Godfrey: I am sending this in regard to the Underinsured Motorist claim on behalf of the Estate of Ian Dagan. Thank you for the information you supplied with your letter dated September 10, 2007. Upon review of the available information, please be advised that Erie is now in a position to offer our insured's $1,200,000.00 policy limit as settlement of this Underinsured Motorist claim. I have enclosed our proposed release. Since this is a fatal we will also require the settlement to be court approval. We . will still need to resolve the issue of the Department of the Navy lien before Erie can proceed with the issuance of any settlement check(s). Upon receipt of the court approval, the executed release and the resolution of the Department of the Navy lien, I will issue the settlement check(s). Please provide your tax id number as well. Thank you for your cooperation in this matter. The ERIE is Above Allin Service<&>. We commit, care and serve. It's our true blue promise. EXHIBIT E WEB ADDRESS www.state.pa.us BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION Po Box 280601 HARRISBURG, PA 17128-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE December 13, 2007 E. Ralph Godfrey Salzmann Hughes, PC 354 Alexander Spring Rd., Ste. 1 Carlisle, PA 17015 Re: Estate of Ian P. Dagan File Number: 2107-0523 Date of Death: 2/14/07 Court Number: CCP Cumberland Co. No. 21-07-0523 Dear Mr. Godfrey: The Department of Revenue received a petition concerning the approval of Settlement Claim to be filed on behalf of the above-referenced Estate in regard to a wrongful death and survival action. It was forwarded to this Bureau for the Commonwealth's approval of the allocation of the proceeds paid to settle the actions. Pursuant to the petition, the 16-year~0Id-decedent died as a result of a motor vehicle accident. The heirs to the decedent's estate are his parents. Therefore, any proceeds paid to settle the survival action would pass to the decedent's parents and would be subject to a zero percent inheritance tax rate. 72 P.S. 99116(a)(1.2). Accordingly, regardless of the allocation of the subject proceeds, there would be no inheritance tax consequences. Please be advised that based upon these facts and for inheritance tax purposes only, this Department has no objection to the proposed allocation of the gross proceeds of this action, 60% to the wrongful death claim and 40% to the survival claim. Proceeds of a survival action are an asset included in the decedent's estate and, although subject to the imposition of a zero percent inheritance tax rate in this instance, they must be reported on decedent's Pennsylvania inheritance tax return. 42 Pa. C.S.A. 98302; 72 P.S. 999106,9107. Costs and fees must be deducted in the same percentages as the proceeds are allocated. In re Estate of Merrvman, 669 A.2d 1059 (Pa. Cmwlth. 1995). I trust that this lett~r is a sufficient representation of the Department's position on this matter. As the Department has no objections to the Petition, an attorney from the Department of Revenue will not be attending the hearing regarding it. Please contact me if you or the Court has any questions or requires anything additional from this 'Bureau. Finally, the approval of this allo~tion is limited tothi$estate and does not reflect the position that the Department may take in any other proposeQ.pistribution of proceeds ofa wrongful death/survival action. . . ~ 1 ., SEJ:tMCC~~~ t- Holly A. McClintock Trust Valuation Specialist PHONE: 717-787-1794 - FAX: 717-783-3467- EMAll: hmcclintoc@state.oa.us EXIBIT F '. I,ll Erie . ~Insurance" Branch Office' 4901 Louise Drive. Rossmoyne Business Center. Mechanicsburg, P A 17055 · (717) 795-8200. Toll Free 1-800-382-1304 Adjuster Mailing Address. P.O. Box 2013 . Mechanicsburg, PA 17055 . Adjuster Direct Line: (717) 697-7661 · Fax: (717) 691-4760 Date: November 21, 2007 E. Ralph Godfrey, Esquire Law Offices 354 Alexander Spring Road Suite I Carlisle, P A 17015 RE: Erie Claim #: 010170901365. Erie Insured: Paul & VernaDagan Date of Loss: 01/11/2007 Your Client: Estate of Ian Dagan Dear Mr. Godfrey: This letter is being sent in response to your faxed letter dated November 14,2007. After review of the information that Erie has available at this time, please be advised that Erie is prepared to issue a check in the amount of$812,767.03 and hold the remaining balance of $387,232.97 in preparation for settlement of the lien asserted by the Department of the Navy. Erie has been specifically requested by the Department of the Navy to submit a check for their final claim amount of $387,232.97 via letter dated November 7, 2007. I have enclosed a copy of that letter for your review. Since it appears you are contesting the lien being asserted by the Department of the Navy, Erie will hold the money for the lien until Erie has received written correspondence from you, as well as the Department of the Navy, indicating that any issue regarding the lien has been resolved. Any distribution of funds will be contingent upon receipt of court approval. Please forward a letter, or copies of any correspondence you have had with the Department of the Navy, that will outline your dispute of their asserted lien. Thank you for your cooperation. cc: P .A. Myers, Managing attorney for Medical Care Recovery Units The ERIE Is Above Allin Service"'. We commit, care and serve. It's our true blue promise. EXHIBIT G .. AUTHORIZATION FOR SETTLEMENT We, Paul P. Dagan and Vema J. Dagan, husband and wife, individually and as Administrators of the Estate of Ian Paul Dagan, have agreed to the settlement consisting of $100,000.00 from Nationwide Mutual Insurance Company and $1,200,000.00 from Erie Insurance Group as a result of the accident involving our son, Ian Paul Dagan on January 11, 2007. We understand that the United States Department of the Navy has asserted a lien against the settlement and that we may be responsible for paying this medical lien in the amount of $387,232.97. We are also responsible to pay applicable costs and expenses of the investigation as well as the applicable contingency fee to our attorneys, Salzmann Hughes, P.C., pursuant to our Fee Agreements. We have reviewed the Statement of Distribution attached hereto and incorporated herein by this reference, and have agreed to the allocation and payments as set forth therein. We understand that the United States Department of the Navy may compromise its claim, and in the event this occurs, the remaining amount of the settlement proceeds shall be distributed in like accordance with the Settlement Agreement. We understand that this will end our case against the driver of the vehicle and the underinsured motorist action and that we will be required to sign a release, which will forever preclude us from making any claims because of this accident. We expressly acknowledge that our recovery will be limited to the above amount. We also have discussed or have had an opportunity to discuss this settlement with our counsel, and we are voluntarily and knowingly entering into this settlement. No promise or inducement has been made to us and in settling this case. '\ We direct Salzmann Hughes, P.C., to file the appropriate paperwork with the Court to conclude this matter. We also agree that we have reviewed the Petition for Approval of Settlement and Proposed Order in detail and agree to its contents. Dated: /;'/1/07 Paul P. Dagan, A .. strator on behalf of the Estate of Ian Paul Dagan Dated: L ~/3J/()1 Dated: I 0/ 3(~ 7 Dated: I iJ-j31/ l>1 ~ . STATEMENT OF DISTRIBUTION Gross Recovery Withheld amount Less Distribution Attorney Fees to Salzmann Hughes, P.C. Expenses to Salzmann Hughes, P.C. Payment of Liens Wrongful death allocation 60% Survival Action 40% SUMMARY Total to Client Total to Salzmann Hughes, P.C. Total for Liens Total held in escrow Total Summary ~~I fOr- $1,300,000.00 $487,232.97 $270,895.25 $6,176.85 $0.00 $321,416.96 $214,277 .97 $535,694.93 $277,072.10 $0.00 $487,232.97 $1,300,000.00 .. 12/4/2007 1:07 PM Salzmann Hughes, P.C. Slip Listing Page 1 Selection Criteria Slip.Transaction Dat Clie.Selection Clie. Selection Slip.Transaction Typ Slip. Classification Clie.Selection Slip.Transaction Typ Earliest - 11/30/2007 Include: Dagan, Paul, P. Include: Dagan, Paul, P. 2-2 Open Include: Dagan, Paul, P. 2-2 Rate Info - identifies rate source and level Slip ID Dates and Time Posting Status Description 20224 EXP 2/6/2007 WIP Middlesex Police Department- copy of police report 24260 EXP 5/14/2007 WIP Verzilli & Verzilli Consultants 26311 EXP 5/30/2007 WIP Register of Wills 26317 EXP 6/11/2007 WIP MRO Corporation 26598 EXP 6/27/2007 WIP 1.0.D. Incorporated- Copies of medical records 27721 EXP 7/23/2007 WIP iod incorporatedllan Dagan-Hershey Medical Center 29496 EXP 8n /2007 WIP Robson Forensic-expert Timekeeper Activity Client KEW Cost Advance Dagan, Paul, P. DHM Cost Advance Dagan, Paul, P. KLC Cost Advance Dagan, Paul, P. KLC Cost Advance Dagan, Paul, P. ERG Cost Advance Dagan, Paul, P. ERG Cost Advance Dagan, Paul, P. DHM Cost Advance Dagan, Paul, P. Units DNB Time Variance 1 Rate Rate Info Bill Status 15.00 1 1500.00 47.00 996.83 1 75.85 75.85 1000.00 Slip Value 15.00 1500.00 47.00 996.83 75.85 75.85 1000.00 y 12/4/2007 1 :07 PM Slip 10 Dates and Time Posting Status Description 31494 EXP 9/27/2007 WIP Robson Forensic Costs 31892 EXP 9/28/2007 WIP W.P. Kilareski, PC- Review and analysis of case documents 32001 EXP 10/5/2007 WIP Robson Forensic- Teleconference Grand Total Salzmann Hughes, P.C. Slip Listing Timekeeper Activity Client PRB Cost Advance Dagan, Paul, P. OHM Cost Advance Dagan, Paul, P. OHM Cost Advance Dagan, Paul, P. Billable Unbillable Total Units DNB Time Variance 1 0.00 0.00 0.00 Rate Rate Info Bill Status 841.77 226.25 1398.30 Page 2 Slip Value 841 .77 226.25 1398.30 6176.85 0.00 6176.85 In Re: IAN PAUL DAGAN ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-07-0523 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 1-2-07 JUDGE'S INITIALS: EEG TIME STAMP DATE: 1-2-08 IN RE: ORDER SERVICE TO: JIM HUGHES METHOD OF MAILING: ENVELOPES PROVIDED BY: o USPS DRRR ~ HAND DELIVERED o OTHER_ o PETITIONER o JUDGE o CLERK OF ORPHANS COURT MAILED: 1-2-08 SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: o USPS DRRR o HAND DELIVERED o OTHER_ o PETITIONER o JUDGE o CLERK OF ORPHANS COURT MAILED: 'J:h'cU-hrLt u cphMOV Deputy Clerk of Orphans' Court